Kerala Senior Citizens' (Care and Protection of Rights) Bill, 2026, which attempts to balance care and protection of senior citizens with the creation of a silver economy in which the elders ‘constructively and creatively’ contribute to the state's economy, was unanimously passed in the Assembly on Monday.

Nearly 1300 amendments were moved by the members during the discussion on the Bill in the Assembly. "It is for the first time in the world that a law has been passed that guarantees the rights of senior citizens. There is no such guarantee in the Central Act (Maintenance and Welfare of Parents and Senior Citizens Act, 2007) or the Act passed by Kerala before (Kerala State Senior Citizens Commission Act, 2025)," Chief Minister V D Satheesan said in the Assembly.

Members had raised two major concerns about the Bill. One, the Bill has provisions that were inconsistent with certain clauses in the central Act. Two, the Bill has left out certain precautions laid down by the Supreme Court for drawing up a 'living will', particularly the mandatory presence of two independent witnesses.

'Living will' conundrum
The 'living will' issue was flagged by former ministers K N Balagopal and K Rajan.

They said that in the Bill, the 'living will' declaration could be made in the presence of the Chairperson of the District-Level Senior Citizen Protection Forum or the District-Level Senior Citizen Protection Unit. The need for two independent witnesses, as laid down by the Supreme Court, has been avoided.

Living Will is the declaration in writing expressing the wish of a senior citizen at home or in any senior citizen care centre, that states his/her preferred 'end of life' priorities such as avoidance of life-extending surgery, IV fluids, chemotherapy, oxygen, admission in intensive care unit, use of invasive tubes and other medical aids.

In Common Cause vs Union of India, the Supreme Court had said that the 'living will' should be signed in the presence of two independent witnesses and further countersigned by a Judicial Magistrate, First Class (JMFC) designated by the District Judge. The members felt that in the absence of independent witnesses, the execution of the 'living will' was liable to be hijacked by vested interests.

The Chief Minister said that such fears were misplaced. "Members say that certain conditions laid down by the Supreme Court regarding the execution of 'living will' are not in this Bill. It is wrong. The fear was born out of a misreading of Clause 28 of the Bill (that deals with the execution of 'living will')," the CM said.

He said that the members had failed to notice the phrase that came after the mention of "the Chairperson of the District Level Senior Citizen Protection Forum or the District Level Senior Citizen Protection Unit concerned". "Right after this, the clause says 'in the format and manner as prescribed'," the CM said.

"It simply means that the protections prescribed by the Supreme Court will be laid down in the Rules for the Act," the CM said and pointed to clause 2(za) of the Act, which says "prescribed” means "prescribed by rules made under this Act." "The Supreme Court guidelines will not be violated," the CM said.

Toll-free number & MLA challenge
During the discussion, Muslim League MLA P K Firos wanted a toll-free number to which senior citizens can call in times of distress. The Chief Minister said that the government would definitely consider the proposal while making the Rules for the Act.

The Chief Minister also threw a challenge at members. "I am sure that MLAs can create model projects (for senior citizens) in your constituencies. You should think of it, discuss with concerned local bodies, and come up with projects that can inspire senior citizens to become constructive and creative rather than slump down, without any motivation, on an easy chair," he said, and added: "I promise you that if you come up with exemplary projects, the state will adopt these projects," the CM said.

Six guiding principles
The Act, which proposes the formation of a state-level and district-level Senior Citizen Protection Units and also the development of a care economy around senior citizens, is governed by six guiding principles.

One, Principle of right to dignity and respect. Two, Principle of best interest; all decisions will prioritise the best interests of senior citizens. Three, Principle of ‘ageing in place’ and home-based care; "The senior citizen shall reside at their home as far as possible, and sufficient care should be given to them by the family members or relatives or legal heirs".

Four, Principle of safety, security and social care ecosystem. Five, Principle of independence; "Senior citizens should have the opportunity to work or to have access to other income generating activities". Six, Principle of participation; "Participation of the senior citizen in the policy making shall be encouraged".

Fundamental rights
The Act has also laid down seven rights that the State Government, Local Self Government Institutions, other government agencies and private organisations engaged in elderly care should respect.

One, Priority protection for senior citizen women; women senior citizens will have the right to priority shelter and placement in a senior citizen care centre established, owned, controlled by, or receiving aid from, the Government or a local authority.

Two, Right to access care; senior citizens, regardless of gender and sexual orientation, will have the right to access affordable home care services. Three, Right to safe public spaces; all public buildings, facilities and services, and public spaces too, should provide senior citizen-friendly access as per universal design principles.

Four, Right to digital inclusion and safety; senior citizens, even those with no digital literacy, will have the right to access government services, banking and financial services, telemedicine, right to information, education, income opportunities and other digital services.

Five, Right to legal aid; senior citizens will be entitled to free legal aid. Six, Right to access dignity-preserving products; senior citizens will be entitled to essential eldercare products including mobility aids, hearing aids, spectacles, continence-management products and similar assistive devices at accessible and reasonable rates.

Care economy
In addition to these rights, the proposed law will also make it mandatory for registered medical practitioners and senior citizen care centres to report abuse, neglect or exploitation of senior citizens to the District Level Senior Citizen Protection Unit. The report, with evidence, has to be furnished within 48 hours of the doctor or care centre examining the elder.

The Bill also proposes a training mechanism for caregivers. The Chief Minister said that a syllabus would be evolved after studying the best care practices in various parts of the world like Japan and Germany.

The government will prescribe a unified curriculum for geriatric care. The training centres will have to adopt training modules based on this unified curriculum in senior citizen care.

Satheesan said that those trained could either be employed as paid caregivers in rich homes or could be deployed by the government for unpaid care in low-income houses.

Voluntary donations
When a resident of a senior citizen care centre voluntarily decides to donate his property, bank funds, or any other income to whoever or whatever entity she chooses, family members or care centre authorities should inform this to the District Level Senior Citizen Protection Unit. The Unit will then conduct an inquiry and make arrangements for executing an agreement in the presence of the District Magistrate.

What is 'cruelty'?
Under the proposed law, cruelty towards senior citizens will be punished with a jail sentence of up to three years.

The Act defines 'cruelty' as any "wilful conduct which is of such a nature as is likely to compel a senior citizen to leave the house where he is residing or to cause grave injury or danger to his life or limb, or any act which is likely to affect the mental or physical health of a senior citizen or harassment of a senior citizen with a view to coerce him to meet any unlawful demand for any movable or immovable property or valuable security of that senior citizen aimed at keeping the senior citizen alive towards their end of life".